Workshop Tonight, Public Hearing Set for July 21

OURAY – With the moratorium on residential development on mining claims expiring on July 26, the Ouray County Planning Commission is still mulling draft regulations for mining claim development. The Ouray Board of County Commissioners on Monday unanimously approved a resolution that directs the planning commission to “forward to the board as expeditiously as possible its approval, disapproval or suggestions on the South Alpine Zone regulations” by July 21.

Since the moratorium was instated on January 26, 2009, the planning commission has held several public workshops and hearings to gather input in its work to draft development regulations for mining claims, which would later go to the county commissioners for approval. While development in Ouray County is in a slump along with the nation's economy, the issue of regulating the claims has sharply divided the community.

Close to 20 people attended Monday morning’s commissioner meeting in Ouray to speak out about the commissioners’ resolution that directs the planning commission to come up with regulation recommendations by July 21. All three commissioners generally agreed that the resolution was needed to make sure momentum on drafting regulations didn’t get stalled out during the process.

“I don’t want to see a situation where [the planning commissioners] hold hostage our instructions to come up with recommendations,” Commissioner Keith Meinert said. “They can conclude their work by saying no regulations at all, that is fine. And then we will take it to the next step and decide whether or not to go forward with a public hearing. We have got to do something to make sure that process that was initiated six or eight months ago is followed through as expeditiously as possible. Because of that, I am in favor of the resolution.”

Commissioner Lynn Padgett told those who were in opposition to the resolution and, seemingly, to mining claim regulations, that there will still be plenty of opportunities for the public to comment.

“It seems to me there has been and will continue to be an opportunity for clear public input,” Padgett said. “Because the moratorium is such a big deal and to stay true to the purpose and intent of the moratorium, I am in favor of this resolution.”

Resident Andy Mueller spoke out against the resolution before it was passed. Because so many people have taken issue with possible regulations in the South Alpine Zone, he said the process shouldn’t be rushed.

“I appreciate that the moratorium is coming to an end,” Mueller said. But “the moratorium ending should not push the county into adopting regulations with too many ambiguities…These regulations represent a true shift in what the county can regulate as far as private property.” 
County resident John Hollrah expressed a concern that if the regulations weren’t in place after the moratorium ends, developers who own mining claims could see it as a window of opportunity to submit an application that would be good for three years.

“This could go on for many months and when the moratorium expires, you could get applications coming in and they are good for three years,” Hollrah said. “Without some decent regulations, like the ones being proposed, the county is lacking anything from what the whole moratorium was designed for.”

Meinert told those in attendance at the meeting that the current discussion was not about what the regulations may entail but rather the process of drafting and then reviewing the regulations. While he said the regulations, when they are formally given to the commissioners, may need work, the process for reviewing such regulations must continue to move forward.

“These comments are good, and good to be put into the proper stage of the process,” Meinert said. “We are not here [today] to litigate the pros and cons of regulations in mining claims. We initiated that when we started the discussion about a moratorium. We had discussions in board meetings about what our expectations are. That was the time to bring up the public awareness that something was happening on mining claims. That was last fall.”

The planning commission will hold a work session on Thursday, July 9 at 6 p.m. at the 4-H Event Center in Ridgway. A second public hearing will be held on July 21 at 6:30 p.m., also at the 4-H Event Center.